Estoppel is based on the principle that it would be most inequitable and unjust that if one person , by a representation made, or by conduct amounting to a representation, had induced another to act as he would not otherwise have done, the person who made the representation should not be allowed to deny or […]
Category: Indian Evidence Act
The rule about admission or exclusion of extrinsic evidence has been laid down under section 93 to 98 of the Indian Evidence Act. Such exclusion or admission of extrinsic evidence is in connection with the ambiguity of documents i.e. the facts contained in a document which either a contract or not. Ambiguity in Documents and its […]
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. For Example: A alleges that B has murdered C, then the burden of proof lies on A to prove his allegations. Generally, in civil cases, the burden of proof lies on […]
In this article we shall discuss secondary evidence. Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or […]
Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used for the purpose of […]
In this article, we shall discuss about oral evidence and its evidentiary value. Evidence and its Kinds: According to Section 3 of the Evidence Act 1872, evidence means and includes: According to the definition given in the Indian Evidence Act, evidence can be divided into two categories: It should be noted that evidence can be both oral […]
As a general rule, opinion is not admissible. Witnesses are to place facts on the record before the court and it is for the court to form its opinion. Further, witnesses are generally interested parties in litigation and if their opinion is admissible, then there is a possibility of injustice. The opinion or belief of […]
A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Sections 40 to 44 of the Indian Evidence Act deals with the judgments of courts of justice when relevant. Judgments in rem: […]
A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Judgments in Rem: A judgment in rem is one pronounced upon the status of some particular person or thing and which binds […]
In this article, we shall discuss about evidentiary value of statements made under special circumstances. Section 34 IEA Entries in books of account when relevant. Entries in books of account, including those maintained in an electronic from, regularly kept in the course of business, are relevant whenever they refer to a matter into which the […]